New Delhi, November 7: Former Union Law Minister Ashwani Kumar on Monday applauded the Supreme Court’s decision, which was taken by a 3-2 majority and upheld the constitutionality of the 103rd Amendment.
“The Supreme Court, in a majority judgment, upheld the EWS reservation in public employment, private employment and educational institutions based on economic criteria, which has been the subject of debate in this country for a very long time. The Supreme Court has said that economic backwardness can be a basis for reservation and this point has been reiterated even in the dissenting judgments,” said former Union Law Minister Ashwani Kumar.
“Of course there are different views on the subject and it is the fact that two prominent judges have chosen to give a dissenting opinion on the overall judgment shows that the debate will continue in the country,” he said. -he adds.
The former justice minister added, “I also think the state should give benefits to a person from any caste if they are economically weaker. But views on the Indira Sawhney case are different. The reservation can only be given on a social basis. In amending the Constitution, Parliament prioritized the economic basis for granting reservations and this was upheld by the Supreme Court.
The Economically Weaker Section (EWS) is granted a 10% reservation in educational institutions and government employment by the 103rd Constitution Amendment Act. The significance of the ruling, according to the highest court, is that economic deprivation as a justification for reservations is now recognized as a constitutional concept.